What is the Discovery Process? 

 June 8, 2014

By  LMW Attorneys

Discovery is a legal procedure in a lawsuit that occurs after a case is filed, but before the trial. It allows both parties to obtain information and evidence from each other in preparation for the trial.

The Process

The discovery period allows you the opportunity to:

– Confirm or deny relevant facts

– Obtain statements from witnesses

– Find out what the other party is going to say

– Determine how solid the other party’s case will be

– Determine how good your case will be

– Collect any other important, relevant information from the other party that you need in order to present your case

– Object to discovery questions that are not relevant to the case

How is the Evidence Collected?

Evidence that is not easily accessible can be obtained by the following methods.

Interrogatories – Questions that are written down and mailed to the opposing party. Interrogatories prompt a written response in return.

Depositions – Testimony that is held before the trial and outside of the courtroom and consists of verbal in-person questions that must be answered immediately while under oath.

Production of Documents – A request for the other party to show all documents that they intend to use during the trial, or to bring forward documents that are relevant to the case.

Requests for Admissions – Written requests in the form of questions where one side asks the other to confirm or deny a fact.

Subpoenas – A court order for a witness to appear in court or a deposition, or a court order to turn over specific documents.

Objections – Lawyers can object to any discovery questions, requests, or interrogatories that are not relevant to the case or are not likely to lead to the discovery of relevant evidence. However, if the other side does not agree with the objection, they can file a motion to compel discovery and the judge will then have to rule on the issue.

Court and legal procedures such as the ones listed above can seem overwhelming, but an experienced lawyer will have no trouble with these tasks. If you are seeking legal representation for an upcoming trial then contact LMW Attorneys for a complimentary consultation.